Part VII

Police complaints and disciplinary proceedings

Complaints – informal resolution.
53
1
The Ombudsman shall consider whether the complaint is suitable for informal resolution and may for that purpose make such investigations as he thinks fit.
2
A complaint is not suitable for informal resolution unless—
a
the complainant gives his consent; and
b
it is not a serious complaint.
3
If it appears to the Ombudsman that the complaint is suitable for informal resolution, he shall refer the complaint to the appropriate disciplinary authority.
4
Where a complaint is referred under subsection (3), the appropriate disciplinary authority shall seek to resolve it informally and may appoint a member of the police force to do so on behalf of the authority.
5
The Chief Constable shall, at the request of the Board, provide a member of the police force to be appointed by the Board under subsection (4).
6
If, after attempts have been made to resolve a complaint informally, it appears to the appropriate disciplinary authority—
a
that informal resolution of the complaint is impossible; or
b
that the complaint is for any other reason not suitable for informal resolution,
the appropriate disciplinary authority shall notify the Ombudsman accordingly and refer the complaint to him.
7
Subject to subsection (8), no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
8
A statement is not rendered inadmissible by subsection (7) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
Words in s. 53(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.
Pt. 7 applied (with modifications) (1.7.2008) by Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (S.R. 2008/242), regs. 1(2), 4-66